BILL NUMBER: SB 638	CHAPTERED  10/10/99

	CHAPTER   678
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 6, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 3, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   JULY 12, 1999
	AMENDED IN SENATE   MAY 20, 1999
	AMENDED IN SENATE   APRIL 8, 1999

INTRODUCED BY   Senator Alpert
   (Principal coauthor:  Assembly Member Mazzoni)
   (Coauthors:  Assembly Members Alquist, Correa, Honda, and Soto)

                        FEBRUARY 24, 1999

   An act to add Section 60812 to, and to add Article 3.5 (commencing
with Section 313) to Chapter 3 of Part 1 of, the Education Code,
relating to English language education.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 638, Alpert.  English learners.
   Existing law relating to English language education for immigrant
children, with certain exceptions, requires that all children in
California public schools be taught English by being taught in
English, and in particular, requires that all children be placed in
English language classrooms.  Existing law requires that children who
are English learners be educated through sheltered English immersion
during a temporary transition period, not normally to exceed one
year.  Existing law provides for waiver of these requirements with
the annual prior written informed consent of the parent or guardian.

   This bill would require each school district to assess the English
language development of each pupil to determine the level of
proficiency.  The bill would require the school district to establish
procedures based upon guidelines and criteria developed by the State
Board of Education for conducting the assessment and for the
reclassification of a pupil from English learner to proficient in
English.
   This bill would, commencing with the 2000-01 school year, require
the assessment to be conducted upon initial enrollment, and annually,
thereafter, until the pupil is designated as English proficient.
   Existing law requires the Superintendent of Public Instruction to
review existing tests that assess the English language development of
pupils whose primary language is other than English, and to
determine which tests meet prescribed criteria or to develop such a
test.  The law requires the State Board of Education to approve
related standards.
   The bill would require the assessment of a pupil pursuant to the
bill to primarily utilize the English language development test
identified or developed by the Superintendent of Public Instruction,
and in the interim would require the use of a test developed by the
school district or by the State Department of Education.  The bill
would require test results to be made available to the public on the
State Department of Education Internet site.  The bill would require
the reclassification procedures to utilize multiple criteria in
determining whether to reclassify a pupil as proficient in English,
including, but not limited to, assessment of language proficiency
using an objective assessment instrument, including, but not limited
to, the English language development test, teacher evaluation,
parental opinion and consultation, and comparison of the pupil's
performance in basic skills against an empirically established range
of performance in basic skills based upon the performance of English
proficient pupils of the same age.
   By establishing new requirements for English language assessment
and for reclassification of pupils by school districts, this bill
would impose a state-mandated local program.
   The bill would declare that it is supplementary to, rather than
amendatory of, the English Language In Public Schools Initiative
Statute (Proposition 227).
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 3.5 (commencing with Section 313) is added to
Chapter 3 of Part 1 of the Education Code, to read:

      Article 3.5.   English Language Proficiency Assessment

   313.  (a) Each school district that has one or more pupils who are
English learners shall assess each pupil's English language
development in order to determine the level of proficiency for the
purposes of this chapter.
   (b) The State Department of Education, with the approval of the
State Board of Education, shall establish procedures for conducting
the assessment required pursuant to subdivision (a) and for the
reclassification of a pupil from English learner to proficient in
English.
   (c) Commencing with the 2000-01 school year, the assessment shall
be conducted upon initial enrollment, and annually, thereafter, on
the anniversary of the pupil's initial identification by the school
district as being an English learner.  The annual assessments shall
continue until the pupil is redesignated as English proficient.  The
assessment shall primarily utilize the English language development
test identified or developed by the Superintendent of Public
Instruction pursuant to Chapter 7 (commencing with Section 60810) of
Part 33.  Prior to completion of the English language development
test, a school district shall use either an assessment instrument
developed by the school district or an assessment recommended by the
State Department of Education.
   (d) The reclassification procedures developed by the State
Department of Education shall utilize multiple criteria in
determining whether to reclassify a pupil as proficient in English,
including, but not limited to, all of the following:
   (1) Assessment of language proficiency using an objective
assessment instrument, including but not limited to, the English
language development test pursuant to Section 60810.
   (2) Teacher evaluation, including, but not limited to, a review of
the pupil's curriculum mastery.
   (3) Parental opinion and consultation.
   (4) Comparison of the pupil's performance in basic skills against
an empirically established range of performance in basic skills based
upon the performance of English proficient pupils of the same age,
that demonstrates whether the pupil is sufficiently proficient in
English to participate effectively in a curriculum designed for
pupils of the same age whose native language is English.
  SEC. 2.  Section 60812 is added to the Education Code, to read:
   60812.  Commencing the school year following the year in which the
Superintendent of Public Instruction has developed or identified a
test pursuant to this chapter, the State Department of Education
shall place the results of the statewide test, including average
scores for every school district on its Internet site for public
access.
  SEC. 3.  The Legislature finds and declares that this act provides
an assessment mechanism that is supplementary to, rather than
amendatory of, the English Language In Public Schools Initiative
Statute (Proposition 227, approved by the voters at the June 2, 1998,
primary election).
  SEC. 4.  It is the intent of the Legislature that the assessment
and reclassification conducted pursuant to this act be consistent
with federal law, and not impose requirements on local educational
agencies that exceed requirements already set forth in federal law.
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
